 Mediation Proven Effective in Morocco
An emerging cadre of commercial mediators apply their skills
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Tariq Mossadek (middle) and Omar Farissi (right) look over the terms of the mediation resolution with Chemseddine Abdati, Director of CIMAR |
It's true what they say: conversation during the coffee break is as important as an event's official program. Between role-plays at a recent mediation training in Morocco, Omar El Farissi and Tarik Mossadek chatted about how the workshop's techniques might be applied to a well-known dispute between the Rabat Bar Association and its insurance provider regarding which was responsible for collecting the premiums for lawyers' families.
Because of the conflict, all of Rabat's lawyers and their families were left uninsured for 18 months! With the healthcare of approximately 4,000 people and US$625,000.00 on the line, the two men decided that alternative dispute resolution was worth a try.
In Morocco, where resolution of a case in the overburdened commercial courts can take up to 700 days, mediation is an attractive out-of-court option. USAID's Improving the Business Climate in Morocco program is working with local partners, Search for Common Ground and the Rabat Center for International Mediation and Arbitration, to develop a cadre of certified mediators and to increase awareness of alternative forms of dispute resolution.
Though Mr. Farissi and Mr. Mossadek were also lawyers, their mediation strategy was far from a traditional legal line of attack. Rather than serving the unique interests of each side, the two colleagues cooperated towards the goal of resolution and preservation of the contractual relationship.
In June, USAID organized Morocco's first training program aimed specifically at commercial mediators. Mr. Farissi and Mr. Mossadek participated, and on the last day of the training, they shared some exciting news with the budding ADR community: a resolution had been reached!
The mediated compromise addresses the concerns of both sides: the Bar Association will pay the lawyers' premiums and set up a working group to collect the additional premiums from lawyers' families on the insurance company's behalf. In exchange, reinstated coverage will be retroactive. Most significantly, the contractual relationship will be renewed in 2008.
On July 2, 2007, the agreement entered into force, and is considered to be Morocco's first commercial mediation of note. This experience taught Mr. Farissi that a solution always exists. He has learned to bring people together and foster an environment of trust, which gives people the confidence to think calmly and logically. Mr. Farissi jokes that without a climate of trust, there's no use trying to improve the business climate! |
